Eolas Technologies Incorporated v. Adobe Systems Incorporated et al

Filing 1366

Second MOTION to Amend/Correct Second Unopposed Motion to Amend Post-Trial Deadline For Submission of Defendants' Bill of Costs by Amazon.com Inc., Google Inc., J.C. Penney Corporation, Inc., Yahoo! Inc., YouTube, LLC. (Attachments: # 1 Text of Proposed Order)(Joe, Christopher)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
EOLAS TECHNOLOGIES
INCORPORATED AND
THE REGENTS OF GTHE
UNIVERSITY OF CALIFORNIA,
PLAINTIFFS,
v.
ADOBE SYSTEMS INC., et al.,
DEFENDANTS.

§
§
§
§
§
§
§
§
§
§
§
§
§

Civil Action No. 6:09-CV-446-LED

JURY TRIAL DEMANDED

SECOND UNOPPOSED MOTION TO AMEND POST-TRIAL DEADLINE FOR
SUBMISSION OF DEFENDANTS’ BILL OF COSTS
Defendants Amazon.com, Inc., Google, Inc., J.C. Penney Corporation, Inc., Yahoo! Inc.,
and YouTube LLC (collectively the “Defendants”) respectfully move to amend the post-trial
deadline for submission of Defendants’ Bill of Costs, as prescribed by FED. R. CIV. P.
54(d)(2)(B)(i) and Local Rule CV-54(a) from March 12, 2012, to March 30, 2012.
The parties have conferred regarding the requested relief and none are opposed.
Defendants have exchanged proposed recoverable costs with Plaintiffs and have
conducted a meet and confer as required by Local Rule CV-54(b). As a result of the current
meet and confer process with Plaintiffs, Defendants have agreed to revise some of the proposed
costs, to provide additional invoice backup for other proposed costs to be considered by
Plaintiffs, and to continue the meet and confer process.

SECOND UNOPPOSED MOTION TO AMEND POST-TRIAL DEADLINE FOR
SUBMISSION OF DEFENDANTS’ BILL OF COSTS

Page 1

The parties believe that they should be able to narrow the issues to be determined by the
Court if provided additional time to meet and confer and after additional review of the proposed
recoverable costs.
This motion is not made for delay and should not impact any other deadline applicable to
this case.
For these reasons, the Defendants respectfully request that the Court extend the deadline
for submission of Defendants’ Bill of Costs from March 12, 2012, to March 30, 2012.

SECOND UNOPPOSED MOTION TO AMEND POST-TRIAL DEADLINE FOR
SUBMISSION OF DEFENDANTS’ BILL OF COSTS

Page 2

Dated: March 9, 2012

Respectfully submitted,

By: /s/ Brandon Story
Douglas E. Lumish
[e-mail]
Jeffrey G. Homrig
[e-mail]
Jonathan K. Waldrop (pro hac vice)
[e-mail]
Joseph H. Lee (pro hac vice)
[e-mail]
Parker C. Ankrum (pro hac vice)
[e-mail]
KASOWITZ BENSON TORRES &
FRIEDMAN LLP
333 Twin Dolphin Dr., Suite 200
Redwood Shores, CA 94065
Telephone:
[phone]
Facsimile:
[phone]
James R. Batchelder (pro hac vice)
[e-mail]
Sasha G. Rao (pro hac vice)
[e-mail]
Mark D. Rowland
[e-mail]
Brandon Stroy (pro hac vice)
[e-mail]
Lauren Robinson (pro hac vice)
[e-mail]
Rebecca R. Hermes (pro hac vice)
[e-mail]
Han Xu (pro hac vice)
[e-mail]
ROPES & GRAY LLP
1900 University Avenue, 6th Floor
East Palo Alto, CA 94303-2284
Telephone:
[phone]
Facsimile:
[phone]

SECOND UNOPPOSED MOTION TO AMEND POST-TRIAL DEADLINE FOR
SUBMISSION OF DEFENDANTS’ BILL OF COSTS

Page 3

Michael E. Jones (Bar No. 10929400)
[e-mail]
Allen F. Gardner (Bar No. 24043679)
[e-mail]
POTTER MINTON
A Professional Corporation
110 N. College, Suite 500
Tyler, TX 75702
Telephone:
[phone]
Facsimile:
[phone]
ATTORNEYS FOR DEFENDANTS
GOOGLE, INC. AND YOUTUBE, LLC

SECOND UNOPPOSED MOTION TO AMEND POST-TRIAL DEADLINE FOR
SUBMISSION OF DEFENDANTS’ BILL OF COSTS

Page 4

By: /s/ Joshua R. Thane
Jennifer H. Doan (TX Bar No. 08809050)
Joshua R. Thane (TX Bar No. 24060713)
HALTOM & DOAN
6500 Summerhill Road, Suite 100
Texarkana, TX 75503
Telephone:
[phone]
Facsimile:
[phone]
Email: [e-mail]
Email: [e-mail]
Edward R. Reines
Jared B. Bobrow
Sonal N. Mehta
Aaron Y. Huang
Andrew L. Perito
WEIL, GOTSHAL & MANGES LLP
201 Redwood Shores Parkway
Redwood Shores, CA 94065
Telephone:
[phone]
Facsimile:
[phone]
Email: [e-mail]
Email: [e-mail]
Email: [e-mail]
Email: [e-mail]
Email: [e-mail]
Doug W. McClellan
WEIL, GOTSHAL & MANGES LLP
700 Louisiana, Suite 1600
Houston, TX 77002
Telephone:
[phone]
Facsimile:
[phone]
Email: [e-mail]
Otis Carroll (TX Bar No. 3895700)
Deborah Race (TX Bar No. 11648700)
IRELAND, CARROLL & KELLEY, P.C.
6101 South Broadway, Suite 500
Tyler, Texas 75703
Telephone:
[phone]
Facsimile:
[phone]
Email: [e-mail]
ATTORNEYS FOR DEFENDANT
AMAZON.COM INC. AND
YAHOO! INC.

SECOND UNOPPOSED MOTION TO AMEND POST-TRIAL DEADLINE FOR
SUBMISSION OF DEFENDANTS’ BILL OF COSTS

Page 5

By: /s/ Christopher M. Joe
Christopher M. Joe
[e-mail]
Eric W. Buether
[e-mail]
Niky Bukovcan
[e-mail]
1700 Pacific, Suite 2390
Dallas, TX 75201
Telephone:
[phone]
Facsimile:
[phone]
ATTORNEYS FOR DEFENDANT
J.C. PENNEY CORPORATION, INC.

SECOND UNOPPOSED MOTION TO AMEND POST-TRIAL DEADLINE FOR
SUBMISSION OF DEFENDANTS’ BILL OF COSTS

Page 6

CERTIFICATE OF SERVICE
The undersigned certifies that the foregoing document was filed electronically in
compliance with Local Rule CV-5(a). All other counsel of record not deemed to have consented
to electronic service were served with a true and correct copy of the foregoing by certified mail,
return receipt requested, on this the 9th day of March 2012.

/s/Christopher M. Joe
Christopher M. Joe.

CERTIFICATE OF CONFERENCE
The undersigned certifies that all parties have met and conferred regarding the relief
sought in the motion on March 8, 2012, and that Plaintiffs’ counsel has indicated that Plaintiffs
are not opposed to the relief sought herein.
/s/Christopher M. Joe
Christopher M. Joe

SECOND UNOPPOSED MOTION TO AMEND POST-TRIAL DEADLINE FOR
SUBMISSION OF DEFENDANTS’ BILL OF COSTS

Page 7